Legal Question in Criminal Law in Minnesota

sister taking care of elderly mother wrote checks to herself on mothers acct

In the year that elderly mother outlived her husband, sister who was taking care of mother wrote checks to herself on mother's account and also some the mother wrote to her to the tune of around $26,000. She also coerced the mother into leaving her the new vehicle (about $22,000) and forgiving her the mortgage on her house and land next door ( about $55,000).The only checks she owned up to and is willing to repay to the other heirs are ones she wrote when the mother was in the hospital dying. She had a power of attorney. Not sure what kind. Can she get away with this? Can we force her to give up her share of proceeds from sale of mothers house? Do we have any recourse against 2 banks that were involved? Was this a crime? Majority of siblings want to forgive her - she has a gambling problem. Will the probate judge that does the will go after her? Thank you.


Asked on 7/02/01, 9:03 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: sister taking care of elderly mother wrote checks to herself on mothers acc

Only a government (e.g., state, federal, tribal) can prosecute a person for an alleged violation of a criminal statute. However, if you think you may have been a victim of a crime, you can call a law enforcement agency (local police, etc.), the appropriate prosecution office (e.g., county attorney, state attorney general), or government agency (e.g., county adult protection, state department of human services).

The description you give may or may not describe a prosecutable crime, depending upon the evidence investigated and collected. It sounds like you should be consulting with a lawyer who does probate, wills and trusts work -- if you are not already doing so. Your probate lawyer could investigate the case and the law for the purpose of any civil litigation that might be appropriate, and should be able to advise you whether she thinks that the level of conduct rises to the level of a crime, beyond a civil wrong such as breach of fiduciary duty or the like.

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Answered on 7/02/01, 3:54 pm


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